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JOE’S CRAB SHACK TERMS AND CONDITIONS: SOCIAL MEDIA AGREEMENT

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU SEND THE HASHTAG #AGREE TO JOE’S CRAB SHACK, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.

You may be viewing this license agreement on a small screen. If so, here are the highlights of the License Agreement below (but please read the agreement).

You own the Content. Nothing in this license agreement changes that.

You are giving Joe’s Crab Shack a license to use the Content on Joe’s Crab Shack’s websites, apps, e-mail, and social media, including for promotional purposes.

You are also giving Joe’s Crab Shack a license to use your name and image and other biographic material in conjunction with the Content.

You have all the rights from third parties for your Content and nothing in the Content is inappropriate or defamatory.

You are releasing Joe’s Crab Shack from any liability and you promise not to sue Joe’s Crab Shack for its use of the Content as described.

You represent and warrant that you are at least 18 years old. Joe’s Crab Shack is a trade name for a chain of restaurants owned by Ignite Restaurant Group, Inc. Ignite Restaurant Group, Inc., together with its affiliates, subsidiaries, agents, representatives, licensees and assigns shall, for the purposes of this Agreement be hereinafter referred to as “Joe’s Crab Shack.”

You represent and warrant that you (a) own and control all rights, title and interest in and to the Content you license or that you otherwise have all rights, permissions and consents necessary to post and use such Content (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); (b) have all rights necessary to provide Joe’s Crab Shack with the license and rights set forth in this Agreement; and (c) have complied with all applicable laws and regulations associated with acquiring and/or producing the Content. For the purposes of this Agreement, “Content” means photographs, text, graphics, moving images, sound, illustrations or any other materials submitted by you to Joe’s Crab Shack (including any associated metadata or location information) (collectively, “Content”). For purposes of clarification, Content also includes any profile information you allow Joe’s Crab Shack to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.

You hereby grant to Joe’s Crab Shack a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, on Joe’s Crab Shack’s social media accounts, on or in any digital platforms of Joe’s Crab Shack (including websites, apps and e-mail), and on third-party websites and apps for any purpose, including for promotional and publicity purposes. For purposes of clarification and not limitation, (a) this license includes, and you expressly consent to, Joe’s Crab Shack’s right to use and publicly display your name, image, likeness and persona; and (b) nothing in this license transfers your ownership of the Content to Joe’s Crab Shack. Nothing in this license requires Joe’s Crab Shack to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all. Please exercise discretion in deciding what Content to share or submit to Joe’s Crab Shack due to the fact that (i) any Content may be used by Joe’s Crab Shack for commercial purposes and may be copied or exported and published elsewhere on the internet, including on any social media sites, or otherwise, (ii) once any Content leaves Joe’s Crab Shack’s digital platforms, Joe’s Crab Shack has no control over any such Content, and (iii) it is possible that others may copy Content from Joe’s Crab Shack’s digital platforms or websites onto other sites on the internet, including social media sites.

Any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with Joe’s Crab Shack or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences within five (5) days of Joe’s Crab Shack’s request.

You understand that you will not be paid for Joe’s Crab Shack’s use of your Content as described in this License Agreement. Each of us will, subject to Section 8 below, bear our own expenses associated with this License Agreement.

You agree to take any actions (including execution of documents) reasonably requested by Joe’s Crab Shack to effect, perfect or evidence the representations and/or licenses and rights set forth in this License Agreement.

You agree that you will not submit Content that:– infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of another; – includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; – displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful to Joe’s Crab Shack or any other person or depicts the use of a product in a manner that is contrary to any instruction or warnings relating to the product; – impinges upon or violates the publicity, privacy or data protection rights of others; or – makes or includes false or misleading statements, claims or depictions about a person, company, product or service. Without limiting the foregoing, you agree that in conjunction with the production of your Content, you have not inflicted emotional distress or abuse on other people, have not publicly humiliated other people, have not assaulted, stalked or threatened other people, have not entered onto private property without permission, have not impersonated any other person or misrepresented your affiliation, title, or authority, and have not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Joe’s Crab Shack has the right, but is not required, to reject and/or remove any Content in which Joe’s Crab Shack believes, in its sole discretion, that any such activities have occurred, and Joe’s Crab Shack’s rights specifically include the right to terminate access to any user who submits Content in violation of the terms of this Agreement. You agree not to submit any Content that attempts to gain access to restricted portions of any Joe’s Crab Shack platforms, attempts to garner passwords or personal information from other users, or engages in any sort of commercial activities on or related to any Joe’s Crab Shack platforms.

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO RELEASE, DISCHARGE AND INDEMNIFY JOE’S CRAB SHACK AND ITS EMPLOYEES, CONTRACTORS, SPONSORS OR ANY OTHER PERSON ACTING UNDER JOE’S CRAB SHACK’S PERMISSION OR AUTHORITY, FROM ANY LIABILITY, CLAIM, DAMAGE, JUDGMENT, COST, LOSS, EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES), BY VIRTUE OF ANY PUBLICATION OR USE OF THE CONTENT YOU SUBMIT OR THE NAME, IMAGE, LIKENESS, PERSONA OR OTHER INFORMATION YOU PROVIDE IN CONNECTION WITH SUCH CONTENT. YOU FURTHER AGREE TO WAIVE (A) ANY RIGHTS TO INJUNCTIVE RELIEF YOU MAY HAVE IN CONNECTION WITH THIS LICENSE AGREEMENT AND (B) ANY RIGHTS TO SEEK INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM ANY TRANSACTION, SUBMISSION OF CONTENT OR USE OF SUCH CONTENT BY JOE’S CRAB SHACK.

This is the entire agreement between you and Joe’s Crab Shack in relation to the Content you’re licensing. If a court finds any provision of this License Agreement to be unreasonable or unenforceable in any respect, you agree that this License Agreement will nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable.

This License Agreement will be governed by applicable federal law and the laws of the State of California, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Joe’s Crab Shack’s rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).